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Mahendrabhai vs District

High Court Of Gujarat|14 March, 2012

JUDGMENT / ORDER

The petitioner has taken out present petition on the premise that after the final order was passed transferring the petitioner to Rampura, though he reported for work at the transferred place, he was not allowed to report for work. On such premise, the petitioner has taken out present petition and claimed direction for payment of salary for the period from 16.10.1992 to 17.10.1995. The petitioner has also placed reliance on the decision dated 31.7.2007 setting aside the order passed by the respondent authority. Since the issue as to whether the petitioner was not allowed to work either at his original place or at the transferred place and the length of period for which he has not been paid the salary, are disputed questions of facts which are required to be established by evidence, the petitioner has requested for permission to withdraw present petition, at this stage, with a view to approaching appropriate forum where the petitioner may be able to establish the aforesaid aspects by leading evidence and claim the payment of unpaid salary.
The request as sought for is granted. The petitioner is permitted to avail alternative remedy of approaching the appropriate forum. However, it is clarified that withdrawal of present petition will not stand in way of the petitioner to prosecute his remedy before the appropriate forum on merits.
The petition stands disposed of as withdrawn.
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Title

Mahendrabhai vs District

Court

High Court Of Gujarat

JudgmentDate
14 March, 2012